Going to the Mental Health Tribunal

Going to the Mental Health Tribunal

The Mental Health Tribunal is not a part of a hospital or clinic. It is an independent tribunal that makes decisions about treatment orders and whether people can receive electroconvulsive treatment (ECT).

Although it has legal powers, it is not as formal as a court. It has members who are doctors, lawyers and community members.

If you disagree with the decision you can:

apply to the tribunal again later

take other legal action, such as getting a second opinion or applying to the Victorian Civil and Administrative Tribunal.

What the tribunal does

if you should be on a community treatment order instead of an inpatient treatment order

to take you off a temporary, community or inpatient treatment order

the length of your treatment order

whether or not you meet the requirements for ECT in certain cases.

The tribunal will look at reports of your mental health, your treatment and information about your whole life situation. You have the right to actively take part in the hearing and have your say.

It does not have to follow rules of evidence and can gather information as it wishes, but it must follow legal rules that make the hearing fair, called rules of procedural fairness. It must also conduct hearings as quickly and informally as it can, as long as it gives proper consideration to the issues before it. The Mental Health Tribunal has guides on procedural fairness and solution-focused hearings.

When the tribunal holds hearings

The Mental Health Tribunal will hold a hearing if:

you apply to have your treatment order revoked (you can do this at any time, by filling in an application form and sending it to the tribunal)

the authorised psychiatrist applies for a treatment order because they believe you meet the criteria and:

your temporary treatment order is about to expire

your current treatment order is about to expire.

You will be given written notice of the hearing, telling you the date, time, place and subject of the hearing. If you are on a treatment order, your hearing cannot be adjourned to a date after it is due to expire unless there are exceptional circumstances. It can extend your order until the new hearing date, but not for more than 10 business days, and can only extend once.

Preparing for a tribunal hearing

If you have a tribunal hearing coming up, you can get advice and support to help you prepare. You also have the right to look at your medical documents at least 48 hours before the hearing. If the psychiatrist gives you a report, they must do so at least 48 hours before the hearing.

The psychiatrist can ask for you not to have access to your documents if they believe this may cause serious harm to you or another person. The tribunal may agree that you not see the documents or may order the mental health service to let you see them.

What happens at the hearing

The three members of the tribunal (a lawyer, psychiatrist or other doctor and community member) will come to your hospital or clinic. It is nearly always a private (not public) hearing. The tribunal will have read the psychiatrist’s report and will ask questions. The hearing will be informal – it is not like going to court.

You do not have to attend the hearing, but if you do you can ask questions and tell the tribunal what you think about the order. You can be represented before the tribunal by someone authorised by you, or by someone appointed by the tribunal.

When the tribunal has looked at all of the information, it will make a decision. You will be told by a member of the tribunal what decision the tribunal has made, and any orders it has made. Any order it makes must be in writing, and must include information about:

community treatment order – you can live in the community while receiving treatment for mental illness. This order can only be made if you are on a temporary treatment order. It lasts for a maximum of 12 months if you are 18 years or older, or an

inpatient treatment order – you must be in hospital while receiving treatment for a mental illness. This can only be made if you are on a temporary treatment order. It last for a maximum of six months if you are 18 years or older.

If you are under 18, both kinds of treatment orders can only last for a maximum of three months.

It can also make an order for ECT to be given.

If you disagree with the tribunal decision

If the tribunal makes a decision you disagree with, you can:

apply for a revocation of the treatment order (if you are still on one)

About this website

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

How Victoria Legal Aid can help: Call us on 1300 792 387, Monday to Friday from 8.45 am to 5.15 pm, for free information over the phone about the law and how we can help you. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au